Modifies provisions relating to the payment of workers' compensation upon the death of an employee to allow payments to be made to family members when there are no dependents

SECOND REGULAR SESSION
HOUSE BILL NO. 2983
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE BUR TON.
4586H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal section 287.230, RSMo, and to enact in lieu thereof one new section relating to the
payment of workers' compensation upon the death of an employee.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 287.230, RSMo, is repealed and one new section enacted in lieu
2 thereof, to be known as section 287.230, to read as follows:
287.230. 1. (1) The death of the injured employee shall not affect the liability of the
2 employer to furnish compensation as in this chapter provided, so far as the liability has
3 accrued and become payable at the time of the death, and any accrued and unpaid
4 compensation due the employee shall be paid to his or her dependents without
5 administration, or if there are no dependents, to his or her personal representative , a
6 family member as defined under this subsection, or other persons entitled thereto, but the
7 death shall be deemed to be the termination of the disability .
8 (2) For the purposes of this subsection, the term "family member" shall include
9 the adult child or children, natural, illegitimate, adopted, or posthumous, who did not
10 qualify as a dependent under section 287.240 due to age or dependency; a par ent of the
11 deceased, natural or adoptive; a grandparen t of the deceased, natural or adoptive; a
12 sibling of the deceased; an adult next of kin; or the conservator of a dependent child if
13 such child has no rep res entative to bring a claim on his or her own behalf.
14 2. Where an employee is entitled to compensation under this chapter , exclusive of
15 compensation as provided for in section 287.200, for an injury received and death ensues for
16 any cause not resulting from the injury for which the employee was entitled to compensation,
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
17 payments of the unpaid unaccrued compensation under section 287.190 and no other
18 compensation for the injury shall be paid to the surviving dependents at the time of death.
19 3. In applying the provisions of this chapter , it is the intent of the legislature to reject
20 and abrogate the holding in Schoemehl v . T reasurer of the State of Missouri, 217 S.W .3d 900
21 (Mo. 2007), and all cases citing, interpreting, applying, or following this case.
✔
HB 2983 2